HomeMy WebLinkAboutR-1999-063s
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RESOLUTION NO. 63-99
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, EXTENDING THE COMPLETION DATE TO
JANUARY 1, 2000 FOR THE DREDGING PROJECT AT
TIGERTAIL LAKE AS REQUESTED BY RYAN
INCORPORATED EASTERN; PROVIDING THAT ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the city commission of the City of Dania Beach passed a resolution
on October 14, 1997, approving the agreement between the City of Dania Beach and
Ryan Incorporated Eastern to compete all necessary work related to the Tigertail Lake
dredge and fill project, a copy of which is attached hereto and marked Exhibit "A; and
WHEREAS, clause five of the contract required the contractor to complete Part B
work, the excavation and removal of all remaining materials, within three hundred days
after completion of the Part A work of the contract; and
WHEREAS, on November 25, 1997, the Dania Beach City Commission adopted
Resolution No. 158-97 providing Ryan Incorporated Eastern four hundred fifty calendar
days to complete Parts A and B of the contract.
WHEREAS, Ryan Incorporated Eastern has requested an extension of the time
to complete the dredging project until January 1, 2000 due to additional dredging of 2
acres in the Tri-rail site and extra time needed to procure an additional dredge to cut
through the hard rock stratum in Tigertail Lake.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
1 RESOLUTION NO. 63-99
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Section 1. That Ryan Incorporated Eastern's request for an extension to January
1, 2000 for completion of the dredging project, outlined in letter dated March 15, 1999, a
copy of which is attached hereto and marked Exhibit "B", is hereby granted by the City
Commission of the City of Dania Beach.
Section 2. That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED AND ADOPTED THIS 131h DAY APR[ 99.
—COMMISSIONER
ATTE T ROLL CALL:
� �y� MAYOR BERTINO-YES
S ERYL CH PMAN VICE-MAYOR McELYEA -YES
ACTING CITY CLERK COMMISSIONER ETLING-YES
COMMISSIONER CALI —YES
COMMISSIONER MIKES -YES
APPROVED AS TO FORM AND CORRECTNESS:
By:
TH MA J.ANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 63-99
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DOCUMENT 00500
AGREEMENT
This Agreement, entered into on the 25th day of November,
1997, between:
CITY OF DANIA, a municipal corporation of Florida,
called the "City"
and
RYAN INCORPORATED EASTERN, called the
"Contractor, " a Florida corporation.
WITNESSETH:
WHEREAS, under due procedure of law, bids were received by
the City Commission of the City for the performance of work and
supplying materials, etc. , described as follows and the
Commission having considered bids, has determined that the bid of
the Contractor was the best and most desirable bid submitted, and
has authorized the execution of this contract.
In consideration of the mutual covenants and obligations of
this contract, the parties agree as follows:
1. The City does award the contract to Contractor, and the
Contractor does agree to furnish the necessary labor, tools,
equipment, materials and supplies in order to perform the project
known as the "Tigertail Lake Dredge & Fill" project, and to
perform the work specified below at the following prices, to-wit:
PART A. - IMMEDIATE WORK
ITEM NO. 1
For mobilization of equipment and manpower to the site
including setting up a staging area, delivery of
equipment;
LUMP SUM $187, 700.00
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ITEM NO. 2
Furnish labor, equipment and materials required for
clearing and grubbing the site including chopping,
grinding, and hauling away the material to an approved
site.
LUMP SUM $ 80, 500. 00
ITEM NO. 3
Furnish labor, equipment and materials required to
excavate, haul, place, compact and grade fill for the
new roadway and Tri-Rail site, including shaping the
lake banks on the west side of the railroad as shown on
the drawings; approximately 156, 000 cubic yards
(includes approximately 4, 000 cubic yards of fill for
construction of Angler Avenue) . Provide as-built
drawings.
per Cubic Yard S 2. 70
TOTAL: $421,200.00
ITEM NO. 4
Furnish labor, equipment and materials required to
excavate, haul, place, compact and grade fill for the
new roadway and Tri-Rail site on the east side of the
railroad as shown on the drawings; approximately 38, 000
cubic yards. Provide as-built drawings.
per Cubic Yard $ 5. 57
TOTAL: $211, 660. 00
ITEM NO. 5
For providing Materials Testing by a Certified
Laboratory.
LUMP SUM: $ 51000.00
ITEM NO. 6
For payment of Performance Bond and Payment Bond
premiums and consideration for indemnification of City
and Engineer as stated under the General Conditions and
Supplementary Conditions and for all work inclusive.
LUMP SUM: $ 11, 500. 00
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PART A SUBTOTAL: $917, 560. 00
NINE HUNDRED SEVENTEEN THOUSAND FIVE-HUNDRED AND SIXTY DOLLARS
(TOTAL WRITTEN DOLLAR AMOUNT FOR PART A)
PART B - REMAINING WORK
ITEM NO. 7
Furnish labor and equipment as necessary to excavate
and haul off site the remaining fill to the lowest
elevations shown on the drawings. Provide as-built
drawings of excavated lake. Excavated material shall
become property of the Contractor for his sole use and
purpose. The Contractor shall provide a credit item to
the City for use and sale of this material;
approximately 600, 000 cubic yards.
per Cubic Yard $ 1 . 62
TOTAL: $972, 000 . 00
PART B TOTAL: <$972, 000 . 00>
CREDIT AMOUNT TO CITY
(ITEM NO. 7 ONLY)
PART A & B TOTALS:
PART A (Item 1 through 6) $917, 560. 00
PART B (Credit amount, Item 7 only) <$972, 000. 00>
GRAND TOTAL: (REMAINDER OF CREDIT OWED TO CITY) <$ 59, 990. 00>
2. The parties agree that all work described in Part A and
Part B of this agreement shall be fully performed prior to any
request for payment.
3. The contractor shall ensure the protection and continuous
use of all existing sewers; conduits, drains, pipes, buildings,
walks, bridges and other construction encountered, and the prompt
repairing of any damage done them during the progress of the work
or from insufficient support; also, all filling, backfilling,
tamping , ramming, puddling and consolidating; the removal and
disposal of all rubbish and surplus material; also, all pumping,
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bailing, draining or dewatering of all the excavations incidental
to the execution of the work; also, all loss or damage arising
out of the nature of the work or from actions of the elements, or
from any unforeseen obstruction or difficulties encountered in
the prosecution of the work; also, the furnishing of all
necessary labor, tools, equipment, materials and supplies, etc. ,
and the performance of the whole work mentioned in the detailed
plans and specifications necessary to give a finished result, and
including all expense incurred in or in consequence of the
suspension or discontinuance of the work specified and a faithful
compliance with each and every one of the requirements of the
contract and for the faithful completion of the whole, in the
manner specified, including the maintenance of the entire work
and construction in good condition and repair until final
acceptance.
4 . The Contractor shall perform in full and complete
accordance to the Contract documents, which are attached hereto
and made a part thereof, as if fully contained herein. The
contract documents are identified as follows:
"Notice to Bidders, " "Instructions to Bidders, "
"Information Available to Bidders, " "Bid Bond, " "Public
Entity Crimes Affidavit, " "Trench Safety Form,
"Construction Payment Bond, " Construction Performance
Bond, " "Acknowledgment of Conformance with O.S.H.A.
Standards, " "General Conditions, " Supplementary
Conditions, " all addenda issued by the City before the
receipt of bids, all provisions required by law,
whether actually inserted or not, and all other
documents which are attached hereto.
5. The Contractor shall commence the work performed under
this Agreement on a date to be specified in a written order by
the City. Part A work shall be fully completed within 120
calender days from the notice to proceed. The Contractor will be
given 450 calender days to complete Part B, the excavation and
removal of all remaining materials. The entire work shall be
completed (Parts A and B) within 570 calender days from the
notice to proceed. The Contractor shall pay the City as damages
for non-completion of the work within the specified time allowed
the sum of $500 for each calender day exceeding the time
specified herein.
6.The Contractor shall furnish all labor, tools, equipment,
materials and supplies and to do all the work in a first-class,
substantial and workmanlike manner, and in conformity details for
the work on file in the Office of the City Engineer of the City
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of Dania, Florida, and strictly in accordance with the
specifications, general stipulations and plans which are referred
to and made a part of this contract, as well as to the
satisfaction of the City Commission and the City Engineer of the
City, and in strict compliance with the directions which may be
given by the City Engineer or his authorized representative, at
and for the prices plainly set forth.
7.The Contractor shall, upon notification by the City, to
correct any defective or faulty work or materials which may
appear within one (1) year after completion of contract and
receipt of final payment.
8. The Contractor shall comply with the regulations of the
Secretary of Labor of the United States of America made pursuant
to the Anti-Kickback Act of June 13, 1934, 40 U.S.C. 276 (c) , the
Davis-Bacon Act, 40 U.S.C. 276a-7, and any amendments or
modifications thereto, and the Contractor shall cause appropriate
provisions to be inserted in its subcontracts to insure
compliance by its subcontractor (s) under the provisions of the
Anti-Kickback Act, subject, however, to any reasonable
limitations, variations, tolerances and exemptions from the
requirements of the Anti-Kickback Act as the Secretary of Labor
may specifically provide. The Contractor will comply with all
provisions of Executive Order 112.46 of September 24, 1965, and
the rules, regulations and relevant orders of the Secretary of
Labor.
9. The Contractor shall pay promptly and before final
settlement, any and all claims or liens incurred in and about
this work.
10.The Contractor agrees that representatives of the U.S.
Public Health Service and the State of Florida shall have access
to the work wherever it is in preparation or progress, and that
the Contractor will provide proper facilities for such access and
inspection.
ll.The Contractor agrees that the rate of wages for all
laborer, mechanics, and apprentices employed by the Contractor or
any Subcontractor on the work covered by this Contract shall not
be less than the prevailing rates of wages for similar skills or
classifications.
12. No additional work or extras shall be performed unless
the same shall be duly authorized by appropriate action in
writing on the part of the City or the City' s Engineer.
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13. The Contractor shall furnish a bond written by a
Corporate Surety company, holding a Certificate of Authority from
the Secretary of the Treasury of the United States as acceptable
sureties on federal bonds, in an amount equal to the total amount
payable by the terms of the contract, executed and issued by a
Resident Agent licensed by and having an office in the State of
Florida, representing such Corporate Surety, conditioned for the
due and faithful performance of the work, and providing in
addition to all other conditions, that if the Contractor, or his
or its subcontractor (s) , fail to duly pay for any labor,
materials, or other supplies used or consumed by such Contractor,
or his or its subcontractor(s) in performance of the work
contracted to be done, the Surety will pay the same in the amount
not exceeding the sum provided in such bonds, together with
interest at the rate of 15% per annum, and that they shall
indemnify and save harmless the City of Dania to the extent of
any and all payments in connection with carrying out of the
contract, which the City may be required to make under the law.
The Contractor is required at all times to have a valid
surety bond in force covering the work being performed. A failure
to have such bond in force at any time shall constitute a default
on the part of the Contractor. A bond written by a surety which
becomes disqualified to do business in the State of Florida,
shall automatically constitute a failure on the part of the
Contractor to meet the above requirements.
Such bond shall continue in effect for one year after
completion and acceptance of the work with liability equal to
100% of contract price, or an additional bond shall be
conditioned that the Contractor will correct any defective or
faulty work or material which appears within one year after
completion of the Contract, upon notification by the City.
14. In the event either party brings suit for enforcement of
this agreement, the prevailing party shall be entitled to
attorney' s fees and court costs in addition to any other remedy
afforded by law.
15. The making and acceptance of the final settlement shall
constitute a waiver of all claims by the Contractor, except those
previously made and still unsettled.
16. The Contractor by virtue of signing the Contract,
acknowledges that it and all its subcontractors have satisfied
themselves as to the nature and location of the work, the general
and local conditions including, but not restricted to: those
bearing upon transportation and traffic maintenance; disposal,
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handling and storage of materials; access road to the site; the
conformation and conditions of the work area; and the character
of equipment and facilities needed preliminary to and during the
performance of the work. Failure on the part of the Contractor to
completely or properly evaluate any factors of costs prior to
bidding shall not form a basis for additional compensation if it
is awarded the Contract.
IN WITNESS WHEREOF, the City has caused these presents to be
signed by its Mayor-Commissioner, City Manager, attested by the
City Clerk with the corporate seal of the said City of Dania, and
the Contractor has executed these presents the day and year
written.
Attest: CITY OF DANIA, FLORIDA:
By
City Clerk May - is oner
App e aAf rm: BCity nr �
City torney
RYAN NCORPORATED EASTERN,
a Florida corporation
Attest:
3�jWw � By
WILLIA". AN, Pres.
Corporate Seal
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FIYAWN-1
E A S T E R N
March 15,1999 LS MAR 18 RECD IS
CALVIN, GIORDANO B ASSOCIATES. INC
Mr, Don Windham
Associate,Construction Services
Calvin,Giordano and Associates
2 Oakwood Blvd. # 120
Hollywood,Florida 33020
Re: Tigertail Lake
Job#9738.02
Dear Don:
As per our conversations today, Ryan incorporated Eastern formally requests an
extension to our contract from July 1, 1999 to January 1, 2000. This is due to the
additional dredging of 2 acres in the Tri-rail site and the extra time needed to procure
an additional dredge to cut through the hard rock stratum in the lake.
If you have any questions regarding this matter,please do not hesitate to contact me.
Sincerely,
AN COR O TED EASTERN
u a ak
Director of Estim ing
CC:J. Possanza, IE
W. Ryan, RIE
EXHIBIT "B"
RYAN INCORPORATED EASTERN 786 SOUTH MILITARY TRAIL DEERFIELD BEACH,FLORIDA 33442 (954)427-5599 FAX(954)427-6305
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Calvin, Giordano 5 Associates, Inc. FOR
EngineersSurveyors Planners 10�£ �VN
March 29, 1999
Mr. Mike Smith, City Manager
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach,.Florida 33304
Re: Tigertail Lake Dredging
CG&A Project No. 95-1449
Dear Mike:
Enclosed please find a letter from Ryan Eastern requesting extra time to complete the
dredging project. As stated in their request, hard rock was encountered and different
equipment was necessary. I do not see that this will cause a hardship for the City by allowing
the requested extension of time. Please advise what the City's opinion is on this matter.
Thank you for your cooperation in this matter, should have any questions please do not
hesitate to contact me at your earliest convenience..
Sincerely,
Calvin,Giordano& Associates, Inc.
Don Windham ,
Associate, Construction Services
cc: Paul Wanemaker, Ryan Eastern
RmH to: -
❑ 2 Oakwood&sulmnd
suite 120 ,
Hollywood,Flodd.33020
(954)921.778I
(954)9214W71. -
400 South Australian Avenue -
Iuite 855
Wes,Palm ae,&,Mudd,33401
(561)835-0052
(561)835,0076 fax
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